HCEO or County Court Bailiff?
by David Carter on 24 October 2009
There is often confusion about which is the best method of enforcement for the claimant: the County Court Bailiff or the High Court Enforcement Officer.
This article with give you a guide to how both work summarising the pros and cons of each.
High Court Enforcement Officers (HCEO) are authorised by the Lord Chancellor and work privately or in private companies. They enforce judgments of £600 and above.
In April 2004, HCEOs (formerly Sheriffs Officers) had their previous geographical boundaries lifted so that they can enforce anywhere within England and Wales..
HCEOs work under the authority of a Writ of Fieri Facias (Fi Fa). This can be issued when a County Court Judgment, Order or Tribunal Award is transferred to the High Court for enforcement via Form N293A and a court fee of £60. This fee is recoverable from the defendant. The transfer process normally takes between 5 and 21 days.
HCEOs earn their fees from the defendant, but only when they collect. If the Enforcement Officer is unable to collect, basically, he doesn’t get paid. Their collection rates are significantly higher than that of the County Court Bailiffs who receive a salary and no financial incentive to collect.
HCEOs also have the advantage of a surprise visit, as they do not have to give any advance notice of their intention to collect.
If successful, the HCEO will collect your judgment debt, your court costs, your £60 transfer up fee, interest at 8% and their fees, costs and charges from the defendant.
If unsuccessful, the HCEO will give a full written report of the outcome. An industry regulated abortive fee of £60 plus VAT per address they are directed to is payable by the claimant / claimants agent.
County Court Bailiffs are salaried civil servants employed directly by the court service. They can enforce on judgments up to £5000. They work under the authority if a Warrant of Execution which can be requested from the County Court for a fee of £100. Before they attempt to collect, they must write to the defendant advising them of their visit.
County Court Bailiffs will collect your judgment debt, your court costs, your warrant cost and interest (if prescribed) from the defendant.
If unsuccessful, the County Court Bailiff will return the warrant with a written report the outcome detailing why enforcement has been unsuccessful.
In summary:
HCEO pros
- Far higher collection rates due to financial incentives
- No letter warning of intended visit by enforcement officer-
- Only £60 court fee to start enforcement (£100 for CCB)
- Can force entry into commercial premises with no prior warning
HCEO cons
- Currently unable to enforce on CCJs under £600
- £60 abortive fee if enforcement is unsuccessful
- Possible time delay in transferring from CCJ to High Court Writ
CCB pros
- Can enforce on CCJ’s under £600
- A warrant of execution can be obtained quickly
-
No abortive fee if unsuccessful.
CCB cons
- Poor collection rates as no financial incentive
- Defendant receives a letter warning them of the impending Bailiffs visit
- Court fee for the Warrant of Execution is £100 (£60 for HCEO)
© Sheriffs High Court Enforcement Ltd. Please contact us to request permission to reproduce this article.
Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.
